And now Zhou Yi was also a little curious. If that was the case, ordinary people would not be able to protect their rights in this regard.
"Comrade, wait a minute, you mean the photo of me opening the meal and the fly inside, right? But comrade, let's be rational, no one would eat a meal and then take an unboxing video, that's unrealistic."
"And there are no cameras installed in the house. I don't think many people can produce the evidence you mentioned."
Zhou Yi didn't ask Zhou Cainiao clearly at the beginning, so he didn't know what the specific regulations were.
But when he used the simplest logic to understand this matter, he found it unrealistic.
If this is true, then there is no way to protect rights in the takeout industry. It is not so bad in the store, as there are generally surveillance cameras now.
"I can't help you with this, Mr. Zhou. I have to tell you something. The fact that you can say these things shows that you understand the law. We all know that whoever makes the claim must provide the evidence. You claim that there was a fly in the other person's meal, so you need to provide sufficient evidence."
This... Zhou Yi didn't know what to do.
"Comrade, could you please wait a moment? I don't think that's the case. How about I ask a lawyer friend and call you back when I'm done?"
The guy opposite was silent for a moment, probably because he didn't expect Zhou Yi to say that, but he still agreed.
After hanging up the phone, Zhou Yi immediately called Mr. Fang.
Of course, Mr. Fang is the most reliable person at this time, and the key is that Zhou Yi also wants to figure out this problem.
It is said that reporting, filing lawsuits, and other legal channels all require solid evidence!
So what should we do under normal circumstances when evidence is not easy to obtain?
Or do you record an unboxing video before every meal?
That's really unrealistic.
When the call was connected, before Fang Dazhang could say anything, Zhou Yi said, "Danzhang Fang, paid consultation."
"Okay, tell me the problem."
Zhou Yi quickly expressed his previous doubts and then asked, "Lawyer Fang, you always said that whoever makes the claim must provide evidence. So what should we do in a situation like this?"
"The civil procedure law stipulates that the party making the allegation must provide the evidence," said Fang Da, a lawyer at the law firm, with a relaxed expression. "But that doesn't mean that all civil disputes must follow the principle of whoever makes the allegation must provide the evidence."
"In legal practice, especially in disputes between consumers and sellers, consumers are naturally at a disadvantage, so the Supreme People's Court also has relevant judicial interpretations."
"That is, whoever makes the claim must provide evidence, unless otherwise provided by law."
"We also have many principles in presenting evidence in litigation, such as the principle of reversal of the burden of proof and the principle of shifting the burden of proof, etc."
Mr. Fang began to explain the situation, and Zhou Yi listened attentively.
To be honest, this was the first time he had come into contact with these things, which made Zhou, who had originally thought that the law was just like that, feel relieved.
The law is really complicated, which is why many lawyers say they don’t know much.
"Especially in the area of consumer rights protection, our newly enacted Consumer Rights Protection Law has relevant provisions. For some durable goods or services, the responsibility for proving defects is subject to the principle of reversal of the burden of proof."
For example, if you buy a computer and it has a defect that affects its use, and then there is a dispute over the division of responsibilities, the other party may say that it was you who caused the problem.
In this case, you don't need to prove it. Instead, the other party needs to prove that there was no defect in the computer when they sold it to you.
This is the reversal of the burden of proof.
The same applies to the shifting of the burden of proof.
"In this regard, the Supreme People's Court's provisions on several issues concerning the application of law in handling food and drug dispute cases state that after consumers have 'preliminarily proven a causal relationship between the damage and the consumption of food or the use of drugs,' the food and drug producers and sellers must prove that their damage was not caused by their products not meeting quality standards."
Uh...Mr. Zhou fainted again.
"To put it simply, in your case, you were eating and a fly came across you. The other party claimed it wasn't their fault. Then they have to prove they didn't cause the fly, whether it was intentional or negligent."
This is the shifting of the burden of proof.
We cannot just argue with each other when a dispute occurs, with each side claiming to be right. There must be a charter to resolve the problem, and this is the charter.
Why is there such a regulation? Because food and medicine are very special. So special that if you buy other things knowingly that they are fake and then ask for money, it may be considered extortion!
However, food and drugs are exceptions, which are also included in the "Regulations".
In other words, knowingly buying fake food and drugs is not considered extortion!
Opening a store to sell food is never that simple. Food and medicine are closely related.
"Okay, I understand. I'll hang up first!"
After hanging up the phone with Fang Dazhuang, Zhou Yi quickly called the young man and said, "We'll do everything according to the law."
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